A dissenting opinion by Justice Salahuddin Panhwar of the Supreme Court has renewed debate on how rape cases are assessed by courts. The dissent challenges the use of reporting delays and lack of injuries to change the nature of offences.
Justice Panhwar issued a detailed five-page dissent in a recent SC ruling. He stated clearly that rape cannot be converted into zina or consensual adultery. He rejected the appeal of the accused and opposed the reduction of the sentence.
The judge stressed that a seven-month delay in registering a First Information Report should not raise doubts about the victim’s character. He said such delays are common due to fear and social pressure.
Earlier, on December 20, the SC majority converted a rape conviction into a case of consensual adultery. The court reduced the accused’s sentence from 20 years in prison to five years of rigorous imprisonment. The fine was also reduced from Rs500,000 to Rs10,000, with extra jail time if unpaid.
The majority judgement was authored by Justice Malik Shahzad Khan and supported by Justice Aqeel Ahmed Abbasi. The court ruled that evidence did not prove rape. It instead found consensual sexual relations between the parties.
The majority relied on several factors. These included a delay of nearly seven months in filing the FIR. The judgement also noted that the prosecution failed to explain how the accused knew the complainant’s location.
The court pointed to medical evidence as well. It said no injuries or marks of violence were found. The complainant’s clothes were not produced or shown to be torn. Based on this, the SC set aside the rape conviction under Section 376 of the Pakistan Penal Code. The accused was instead convicted under Section 496-B for fornication.
Justice Panhwar strongly disagreed with this reasoning. He observed that rape and sexual violence cases often go unreported for long periods. Fear of stigma and family pressure, he said, prevent victims from coming forward.
The dissent highlighted the victim’s circumstances. She was young, unmarried, and had lost both parents. Only her elder brother remained as support. The record also showed that threats were made to her.
Justice Panhwar noted that the victim could not report the incident before learning about her pregnancy. He said delay alone does not weaken a rape case.
He also addressed the absence of injuries. The dissent noted the accused was carrying a weapon. In such cases, resistance can put a victim’s life at risk.
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Justice Panhwar warned against penalizing victims for delayed reporting. He stressed that courts must act with empathy. A supportive approach, he said, encourages victims to seek justice and helps society address serious crimes.
